The Harvard-Yale Dance
It’s repeated ad infinitum and it goes like this:
HLS alum: Where’d you go to law school?
Yale Law alum: In Connecticut, what about you?
HLS alum: Near Boston.
Five minutes later…
HLS alum: By Connecticut, do you mean Yale?
Yale Law alum: Yeah.
Five minutes later…
Yale Law alum: Do you know so-and-so from BC?
HLS alum: Naw, I went to Harvard.
Why do we engage is this awkward little dance?
**
Oh, and to you gumshoes out there, one of the Yale Law alums with whom
I’ve had this conversation is looking through some public documents
that relate to Alito’s position on this 1985 case, Tennessee v. Garner,
which held that police may not use deadly force in stopping a fleeing
felon unless there is reason to believe that the individual threatens
the life of officers and the others. Alito drafted a memo for the
Soliciter General’s office, urging them to file an amicus brief on
behalf of Tenneesee, that advocated the use of deadly force even if the
officer had no reason to believe that the individual posed any danger
to others. The pre-Garner rule was a bit troubling, because
officers tended to shoot at black and white fleeing suspects at equal
percentages when they had a reasonable belief of danger to their lives
or to the lives of others, but when they had no reason to believe the
fleeing suspect was dangerous, they shot 12 black suspects or every 1
white suspect. I haven’t seen this story in the news yet, and I
think that Alito’s memo would make a very good non-Roe story. (I can
hear Reverend Sharpton’s soundbite now, “Alito said it’s okay for the
police to shoot unarmed Black people.”)
Edit: Also, I remember the discussion of Garner in my Crim law class. Professor Randall Kennedy
asked, “If you’re a Black man in America, and you haven’t done anything
wrong, and you see a cop, isn’t running away a pretty logical response?”
Here’s an older Scalito post.